Inovação tecnológica e imagem: a alfabetização visual na Justiça do Trabalho

Abstract

The present study consists of analyzing the answers given by legal professionals (lawyers, public servants, Judges and Labor Attorneys), working before the Labor Court, to a semi-structured questionnaire, containing fifteen open questions. The questions relate to the use of technologies and their reverberation in contemporary social relations. Including in legal relations, due to the popularization of the use of digital devices in the work environment, such as the installation of security camera systems or the use of cell phones, this has led to an increase in the use of images as evidence/proof of a certain fact in the procedural scope. Therefore, this exploratory research aims to analyze the perception of legal professionals regarding the use of video as a means of evidence in the Labor Court. Using qualitative methodology (Denzin, Lincoln, 1998), using the case study method (YIN, 2015), we seek to understand how legal professionals perceive the impact of video in their daily lives and how they interpret the its content. The study aims to answer the following question: How do legal operators (lawyers, civil servants from the Labor Judiciary and Public Labor Ministry, Labor Judges and Labor Attorneys) perceive the use of images as a means of evidence in their daily practice in the Labor Court? The objective, therefore, is to expand the debate about the use of video in Brazilian courts. The results indicate the empirical recognition of the increasing presence of videos in the scope of the Labor Court and the expectation of an increase in their use in the judicial field. Furthermore, the inferences point to the lack of training aimed at professionals, culminating in a lack of technical ability to deal with the particularities of the imaging test. They also point out the lack of a specific hermeneutics, as well as the lack of norms that guide the evidentiary activity involving multimedia recordings. These factors notoriously create difficulties in labor judicial practice. Likewise, in the perception of legal professionals, working in the Labor Court, the inadequate technological infrastructure of the institutional environment causes losses in the implementation of due legal process, contradictory and broad defense, to the extent that even the simple viewing of the media, due to lack of equipment reproduction is sometimes obstructed. Thus, faced with this new reality, arising from the use of digital technologies and the imposition of significant changes in the set of daily legal and social practices, research can help in identifying the difficulties pertinent to the use and absorption of video evidence in the labor sphere, in the diagnosis of problems of understanding and analysis of the video interpretation process in a judicial context and provide input for the formulation of public policies aimed at expanding the visual literacy process of legal operators, with regard to the use of images as a means of evidence ( FEIGENSON, et al., 2005).